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. even though he has not been read his miranda rights because the government invoked a public safety exception which permits law enforcement to engage in a limited and focused interrogation. joining me now for more on these developments is kent schafer, criminal defense attorney with buyers, schafer and deboard. god to s good to see you, sir. >> thank you. good afternoon. >> what's your take on this? why charge him with a weapons of mass destruction charge and not murder or conspiracy? >> well, actually, it's a much easier charge for the government to prove. in this case, they have to prove two things. that he used or possessed a weapon of mass destruction and that it resulted in somebody's death. by doing that, he'd be eligible for the federal death penalty. where under massachusetts state law, if they charged murder, he wouldn't be eligible for the death penalty. so virtually, you know, from a prosecutor's standpoint, it cuts out all the fluff. it's a very simple case. there's case law on top of case law saying that a bomb like this is defined as a weapon of mass destruction. so it
to officially arrest that person for miranda reasons, and may have been where this misinterpretation came from. do you think that they may be talking to somebody at this point? >> i'm sure they're talking to a lot of folks. you've got a lot of investigators working on this, and they're going in multiple paths as bob just said, you're looking at trying to collect as much information as quickly as you can. you're looking at two different scenarios here. one, we're looking at one in which they're trying to identify the suspect for an arrest. the other, we're trying to protect against subsequent potential attacks. so investigators have to move fast. they're going to be have been careful with the evidence they collect, but there'll be a lot of misinterpretation of the data they're gathering by folks on the outside. so it's understandable that things like this will happen. >> and i gather, bob, you have been talking a lot since you and i last spoke on wednesday. >> i sure have. >> thank you both for your insights. >>> so coming up, what kind of person bombs innocent people at the boston marathon. le
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